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  • In a stride towards enhancing workplace safety and ensuring regulatory compliance, the U.S. Department of Labor (DOL) has proposed a groundbreaking proposed rule. This rule redefines the individuals authorized to accompany Occupational Safety and Health Administration (OSHA) compliance officers during workplace inspections. This initiative aims to usher in a new era of inclusivity and accountability in maintaining workplace safety by broadening the scope of representation.

    Expanding Representation

    Released on August 29th, 2023, the proposed rule signifies a transformative shift in the landscape of workplace inspections. At its heart, the rule empowers employees to authorize an employee or a non-employee third party to accompany OSHA compliance officers during inspections. It’s important to note the third party’s endorsement does not necessitate employer approval; it’s solely subject to the inspector’s consent. The rule is meant to enhance the efficacy and comprehensiveness of inspections, thereby fostering safer and more informed working environments.

    Embracing Diverse Expertise

    One of the features of the proposed rule is its departure from the traditional confines of who can be designated as a third-party representative. The law highlights that these representatives cannot be restricted to industrial hygienists or safety engineers. The driving force behind their inclusion is the unique expertise they bring, be it specialized skills, profound knowledge, or diverse experiences that can substantially enrich the compliance officer’s inspection process. This rule acknowledges that individuals with insights into specific hazards, workplace conditions, or even fluency in different languages can bridge communication gaps between OSHA representatives and workers.

    Addressing Concerns From Employers

    Employers have raised valid concerns about union representatives potentially exploiting safety inspections for their agendas. The potential presence of a wide array of representatives, including personal injury lawyers, experts, lobbyists, and legal advocates for public interest groups, has ignited discussions around conflicts of interest groups and the protection of sensitive information such as trade secrets. A trade secret is an intellectual property with inherent economic value because it’s not generally known or readily ascertainable by others, and the owner takes reasonable measures to keep it secret.

    While these concerns are valid, the proposed rule incorporates provisions that empower OSHA inspectors to prevent individuals from participating in inspections if their actions disrupt the process or jeopardize an employer’s ability to safeguard trade secrets and proprietary information.

    Leveraging PEOs For Seamless Implementation 

    As the proposed rule for expanded representation during OSHA inspections takes center stage, employers face opportunities and challenges in upholding workplace safety. However, partnering with a professional employer organization (PEO) can be your saving grace. PEOs such as Group Management Services (GMS) specialize in managing various HR functions, including compliance and safety, allowing businesses to navigate regulatory changes more effectively.

    With our expertise, we help employers understand the intricacies of the proposed rule, select appropriate third-party representatives, and ensure a seamless integration of these changes into their safety protocols. By partnering with us, employers can balance representation and safety, fostering a secure work environment that aligns with regulatory mandates and their employees’ well-being. As the discussion of this ruling continues, GMS is ready to support businesses in championing workplace safety while navigating the evolving landscape of employee representation. Get a quote today!

  • As temperatures continue to rise, the impact of heat on indoor workspaces has prompted California regulators to take action. The Cal/OSHA Standards Board proposal to introduce a comprehensive heat illness standard for indoor work areas triggered at 82 degrees Fahrenheit has sparked discussions and debates among employers, especially those operating in warehouses, distribution centers, and manufacturing plants. While the proposal presents significant challenges, a recent revision released on August 4th, 2023, brings some relief for employers by addressing concerns and providing more practical solutions. Continue reading to explore the intricacies of the proposed standard, the challenges it poses, and the positive changes introduced in the latest revision.

    Understanding The Proposed Standard

    The Cal/OSHA Standards Board proposed indoor heat illness standard aims to ensure the safety and well-being of employees working indoors when temperatures reach 82 degrees Fahrenheit. If adopted, this standard will necessitate a range of measures employers must take to prevent heat-related illnesses among their workforce.

    Key Requirements Of The Proposed Standard 

    1. Written prevention program: Employers must establish and maintain a written indoor heat illness prevention program detailing procedures for water access, cool-down areas, and emergency response measures. 
    2. Training: Effective training on heat illness prevention will be mandatory for employees and supervisors. 
    3. Cool-down areas: Access to cool-down areas maintained below 82 degrees, protected from direct sunlight and radiant heat, will be required. 
    4. Additional rest periods: Encouraging and monitoring employees to take preventive cool-down rest periods during high-temperature periods will be essential. 
    5. Observation obligation: Close observation of new employees during a 14-day acclimation period and monitoring employees during heat waves without effective engineering controls will be necessary. 

    Challenges Presented By The Proposed Standard

    1. Temperature monitoring and control: One of the major hurdles for employers will be measuring the temperature and heat index at specific thresholds. Temperature readings must be taken when the threshold is suspected to be met and when it’s expected to be 10 degrees higher than previous measurements. 
    2. Hierarchy of control measures: The strict hierarchy of control measures presents a complex challenge. Employers must prioritize engineering controls, then administrative controls, and if neither is feasible, provide personal heat-protective equipment. 

    Recent Revisions: A Breath Of Relief For Employers

    Recognizing the concerns raised by stakeholders, the August 4th, 2023 revision of the proposed standard offers several improvements that alleviate some of the compliance burdens.

    1. Short-duration exception: The revision includes an exception for indoor work areas where employees spend less than 15 minutes in any one-hour period, as long as the location isn’t usually occupied. This addresses the worry of applying the rule to brief indoor activities such as equipment retrieval.
    2. Compliance for outdoor-indoor transition: Employers no longer have to comply with two separate heat illness rules when employees transition between indoor and outdoor work, simplifying compliance efforts.
    3. Clothing-specific control triggers: For employees wearing heat-restrictive clothing, the trigger temperature for control measures is lowered to 82 degrees. Exceptions are provided for clothing materials that are air and water-vapor permeable.
    4. Feasibility exception for cool-down areas: The revision acknowledges feasibility challenges, making it more practical for employers to provide shaded and radiant-heat-shielded cool-down areas.
    5. Training integration: Employers can integrate indoor heat illness training with existing outdoor heat illness training, streamlining the education process.

    Simplifying Compliance Through Expertise

    Amidst the changing landscape of workplace regulations, small businesses in California are confronted with the dual challenge of ensuring compliance with the proposed indoor heat illness standard while maintaining operational efficiency. This is where a professional employer organization (PEO) emerges as a strategic partner. A PEO like GMS provides comprehensive HR solutions that encompass the complexities of the new heat illness regulations and a range of employment-related tasks.

    From drafting and implementing the required written prevention programs to conducting employee training, a PEO can alleviate the administrative burden on small businesses. By partnering with GMS, businesses can confidently navigate the evolving regulatory landscape, allowing them to focus on what truly matters: fostering a safe and productive work environment for their employees. As the indoor heat illness standard journey continues, the role of a PEO becomes increasingly vital, ensuring that small businesses remain compliant, competitive, and caring employers. Contact us today to learn more.

  • The safety and well-being of workers are paramount in any industry, but it’s especially crucial in high-risk sectors such as construction. However, recent incidents have highlighted the need for stricter adherence to safety standards. In this regard, the U.S. Occupational Safety and Health Administration (OSHA) has taken stern action against Houston-based Sonny Steel Erectors Inc. for exposing their workers to serious hazards by neglecting to provide proper fall protection systems.

    The Case Of Sonny Steel Erectors Inc.

    Earlier this year, OSHA inspectors discovered a situation at a steel building construction site in Cypress, Texas. Sonny Steel Erectors Inc. employees were found to be working at elevated heights without the necessary fall protection. Consequently, OSHA cited the company for one serious violation, one willful violation, and one repeat violation. The severity of these violations is compounded by the fact that the company had previously been cited for similar safety breaches in 2019, 2020, and 2022. Moreover, a deeper investigation revealed that the contractor had failed to address hazards associated with violations dating back to 2011. As a result of these violations, OSHA proposed penalties totaling $266,416.

    The Importance Of Proper Fall Protection And Training

    The incident involving Sonny Steel Erectors Inc. highlights the importance of comprehensive fall protection systems and adequate training for workers engaged in construction activities. The following are key reasons why prioritizing fall protection and training is essential:

    Worker safety 

    The most compelling reason for implementing proper fall protection measures and training is to ensure the safety of construction workers. Falls from elevated heights are one of the leading causes of serious injuries and fatalities in the construction industry. By providing appropriate fall protection equipment and training, employers can significantly reduce the risk of accidents and protect their workforce from harm.

    Legal compliance

    OSHA regulations mandate that employers must provide a safe working environment for their employees. This includes implementing fall protection systems when workers are exposed to potential fall hazards. Failure to comply with these regulations endangers workers and exposes the company to substantial penalties, as demonstrated in the case of Sonny Steel Erectors Inc.

    Enhanced productivity

    Ensuring proper fall protection and training isn’t just about meeting regulatory requirements; it can also improve productivity. When workers feel safe and confident in their work environment, they are more focused and motivated, resulting in increased efficiency and quality of work.

    Reputation and client trust

    Companies with a strong commitment to worker safety and compliance tend to build a positive reputation within the industry. Clients are more likely to trust and hire contractors who prioritize safety, leading to enhanced business opportunities and long-term partnerships.

    Long-term cost savings

    While investing in fall protection systems and training may seem like an added expense, it pales compared to the potential costs associated with workplace accidents. Injuries can result in medical expenses, workers’ compensation claims, legal fees, project delays, and damage to equipment. Companies can avoid these substantial costs by preventing accidents through proper safety measures.

    Collaborate With PEOs For Optimal Protection

    In the dynamic landscape of the construction industry, ensuring the safety of workers through robust fall protection measures and comprehensive training is an ethical necessity and a strategic advantage. Businesses looking to fortify their commitment to worker safety can turn to professional employer organizations (PEOs) for invaluable support. PEOs like Group Management Services (GMS) specialize in managing various aspects of human resources, including safety compliance. Partnering with GMS can empower construction companies to navigate the intricacies of OSHA regulations, develop tailored safety protocols, and provide up-to-date training to their workforce.

    By leveraging the expertise of a GMS, businesses can not only enhance their safety standards but also streamline operations, reduce risks, and foster a culture of diligence that resonates throughout their organizations. As we contemplate the incident involving Sonny Steel Erectors Inc., let us remember that a PEO can be an indispensable ally in the quest for workplace safety, ultimately safeguarding lives and the future of businesses in the construction industry. Contact us today to learn more.

  • As scorching temperatures sweep across the United States, breaking records and posing serious threats to workers, President Joe Biden has taken a momentous step to safeguard their well-being. With the heat wave expected to intensify in central and southeastern regions, the risk to workers has never been higher. In response to this alarming situation, President Biden has directed the Department of Labor (DOL) to issue an unprecedented hazard alert for heat, marking the first of its kind in history. This landmark decision underscores the administration’s commitment to worker safety and sets the stage for crucial changes in heat-related protections under federal law.

    The Heat Wave’s Impact On Workers

    With triple-digit temperatures becoming the norm in various parts of the country, workers’ lives are being put at risk. Outdoor laborers, especially those in the construction and agriculture sectors, face extreme challenges due to prolonged exposure to the blistering heat. Heat-related illnesses such as heatstroke, heat exhaustion, and heat cramps become all too common during such weather conditions. The situation is further exacerbated for workers in central and southeastern regions, where the heat wave shows no signs of giving up.

    Phoenix baked under its 27th consecutive day of record-breaking heat with temperatures of 110 degrees Fahrenheit or higher. In Texas, 13 deaths and hundreds of injuries and emergency room admissions have been attributed to scorching heat waves. Heat mitigation has been a bargaining issue for UPS drivers who threatened to strike; union leaders and UPS announced a tentative deal to equip the trucks with air conditioning, heat shields, and additional fans.

    Biden’s Call For Action

    Recognizing the severity of the heat wave’s impact on workers, President Biden’s proactive approach in requesting the DOL to issue a hazard alert for heat is both timely and commendable. This alert reminds employers of their obligation to ensure a safe working environment for their employees during hazardous heat conditions. By spotlighting this issue, the administration aims to raise awareness about the dangers of extreme heat exposure and create a sense of urgency to implement necessary precautions.

    Enhanced Worker Protections

    The DOL’s hazard alert is not merely symbolic; it comes with tangible actions to mitigate risks and preserve worker health. Employers will receive vital information on the measures they can and should take to protect their workforce during heat waves. This includes guidelines on providing adequate shade, rest breaks, and access to hydration and training workers and supervisors to recognize and respond to early signs of heat-related illnesses.

    Moreover, the DOL’s decision to ramp up enforcement of heat-safety violations demonstrates the seriousness with which the administration views this matter. Holding employers accountable for neglecting their workers’ safety during extreme heat is crucial to creating a culture of adherence to heat-safety regulations.

    A National Standard For Workplace Heat Safety

    In addition to the hazard alert, the Occupational Safety and Health Administration (OSHA) is actively working towards developing a comprehensive national standard for workplace heat-safety rules. This ambitious undertaking aims to establish uniform guidelines and protocols for all industries and regions. A national standard will streamline safety procedures and ensure consistent and effective protection for workers, regardless of their location or occupation.

    How PEOs Build Stronger Heat Safety Protections For Businesses And Workers

    In the face of escalating heat waves and their potential threats to workers’ safety, businesses have a vital role to play in safeguarding their employees. Partnering with a professional employer organization (PEO) can be a game-changer for businesses navigating these challenging times. A PEO like GMS brings expertise in human resources, risk management, and workplace safety, enabling businesses to develop comprehensive heat mitigation strategies. From providing guidance on implementing heat safety protocols to ensuring compliance with federal regulations, a PEO empowers businesses to prioritize the well-being of their workforce. By collaborating with GMS, businesses can proactively equip their workers with the necessary resources and support, fortifying them against the scorching heat waves and creating a safer, more resilient work environment for all. Contact us today to ensure a safe work environment for your workers.

  • Workplace injuries can have a significant impact on employees and businesses, leading to lost workdays, reduced productivity, and soaring medical expenses. As a business owner, it’s crucial to recognize and address the unique challenges different age groups face in the workplace. Recent data highlights a concerning trend – older and newer/less experienced workers have higher injury rates.

    Research from Travelers insurance company sheds light on the need for heightened attention toward new and older workers regarding workplace injuries. Continue reading to explore strategies to reduce accidents and foster a safer working environment for all employees.

    The First-Year On The Job Challenge

    According to Travelers’ review of over 1.2 million workers’ compensation claims, 34% of workplace injuries occur during an employee’s first year on the job. These injuries result in nearly 7 million missed workdays, highlighting the need for a strong focus on safety training and awareness for new workers. The primary reason behind this trend is that fresh recruits often lack the same level of experience and familiarity with workplace hazards as their more seasoned colleagues.

    To combat this issue, business owners must prioritize comprehensive onboarding and training programs for new employees. Investing in well-structured orientation sessions and safety protocols can equip new workers with the knowledge and skills they need to navigate potential hazards safely. In addition, mentoring programs that pair new hires with experienced colleagues can provide an invaluable resource for addressing questions and concerns as they arise.

    The Aging Workforce Challenge

    While new workers require special attention, the study also revealed that the most expensive workers’ compensation claims come from employees aged 60 and older. These claims were about 140% more costly than those from workers aged 18 to 24. Although older workers may experience fewer injuries overall, the impact of their injuries is significantly higher due to longer recovery times and higher medical expenses.

    As the workforce becomes increasingly multi-generational, business owners need to implement strategies that cater to the unique needs of older employees. Proactive measures such as workplace ergonomics assessments, age-sensitive training programs, and flexible work arrangements can help mitigate the risk of injuries for older workers. Promoting a culture of open communication encourages employees of all ages to report potential hazards and seek necessary support, fostering a safer work environment for everyone.

    Embracing A Comprehensive Safety Culture

    To effectively address the challenges posed by workplace injuries, business owners must work hand in hand with management and employees to cultivate a comprehensive safety culture. The following are essential steps to consider:

    • Training and education: Provide ongoing safety training tailored to the diverse needs of different age groups. Engaging workshops, informative materials, and online resources can reinforce safety practices and keep employees informed about potential risks.
    • Hazard identification and mitigation: Regularly assess the workplace for potential hazards and take prompt action to address them. Encourage employees to participate in safety inspections and hazard reporting, empowering them to take ownership of their workplace safety.
    • Mentoring and knowledge sharing: Implement mentorship programs that connect experienced employees with newer ones. Encourage knowledge sharing and create a supportive environment where questions and concerns are welcomed and addressed promptly.
    • Health and wellness initiatives: Support employee well-being by offering health and wellness programs that promote physical and mental well-being. A healthy workforce is more likely to be alert, focused, and able to prevent accidents.
    • Emphasize safety leadership: Effective safety initiatives begin with strong leadership. Encourage supervisors and managers to lead by example and prioritize safety in decision-making.

    Empowering Safety And Compliance: Unleashing The PEO Advantage

    In the quest for a secure and compliant work environment that benefits all workers, small business owners have a powerful ally in professional employer organizations (PEOs). If you’re unfamiliar with what a PEO is, here’s a quick rundown.

    A PEO is a strategic partner that collaborates with small businesses to manage critical HR functions, allowing entrepreneurs to focus on their core competencies and growth. Through a co-employment arrangement, the PEO takes on responsibilities such as:

    • Payroll processing
    • Benefits administration 
    • Tax filings
    • Workers’ compensation

    As the business owner, you retain control over the day-to-day operations and decision-making. When you team up with a PEO like GMS, you gain access to comprehensive HR solutions, expert guidance, and invaluable resources, all tailored to promote workplace safety and regulatory adherence. We bring our expertise in developing personalized training programs, conducting meticulous risk assessments, and navigating the intricate maze of employment regulations. Embracing a partnership with a PEO empowers small businesses to effectively address the unique challenges posed by new and older workers, nurturing a multi-generational workforce that thrives in a secure and vibrant workplace.

    Let’s foster an environment where employees can flourish, unburdened by unnecessary risks, and assured of their well-being at the core of the organization’s prosperity. Get a quote from us today!

  • Breaking news from the U.S. Occupational Safety and Health Administration (OSHA) is set to transform the construction industry’s safety landscape! In an unprecedented move, OSHA has unveiled its visionary plan for nationwide standards on personal protective equipment (PPE) in construction. Let’s explore the groundbreaking proposal that could potentially save countless lives while revolutionizing workplace safety.

    OSHA’s current standard on PPE has served as a solid foundation for safeguarding workers in various industries. However, it falls short regarding one crucial aspect – ensuring that PPE fits each construction worker properly. Unlike the administration’s prevailing standards for general industry and maritime sectors, the current rules do not explicitly mandate a perfect fit for construction workers. The critical oversight has raised serious concerns about the well-being of smaller workers and women, who may find themselves at greater risk due to ill-fitting gear.

    The consequences of this safety gap are deeply troubling, with potential health and safety hazards looming large. Fortunately, OSHA’s proposed rule is here to bridge the gap and eliminate any doubts about the efficacy of PPE for every worker on-site. The good news is that this initiative won’t burden employers with additional costs or compliance complexities. It’s a win-win for both workers and businesses alike!

    What This Means

    Imagine a world where construction workers are equipped with top-tier safety gear and feel comfortable and confident while wearing it. Ill-fitting PPE has been shown to create discomfort and distractions for employees, leading to decreased usage and increased vulnerability to workplace accidents. But with the proposed rule, the industry can look forward to a paradigm shift, motivating workers to embrace their safety equipment entirely.

    In addition, by addressing the issue of ill-fitting PPE head-on, OSHA is making a powerful statement about inclusivity and equality in the workplace. The construction industry has long been male-dominated, and this revolutionary proposal takes a bold step toward safeguarding the health and safety of all workers, regardless of gender or status.

    What Now? 

    As we anticipate the final implementation of this visionary plan, it becomes imperative for industry leaders, workers, and safety advocates to rally together in unwavering support of OSHA’s groundbreaking initiative. However, the true key to unlocking the full potential of these proposed PPE standards lies in small business owners embracing the partnership of a professional employer organization (PEO). With the expertise and resources that a PEO brings to the table, every worker can receive PPE that is not just a generic fit but tailor-made for their specific needs. Rest assured that your employee’s safety and well-being will be in capable hands with a PEO like GMS by your side.

    As the construction industry embarks on a momentous journey towards a safer and more inclusive future, a PEO empowers you to focus on what you do best – growing your business – while providing your workforce with the highest level of protection. Through our partnership, we can construct a thriving and secure workplace where every employee can flourish, knowing that their safety is prioritized and their business is supported by the commitment of GMS. Contact us today to learn more.

  • Safety in the workplace is essential for employers and employees. The Occupational Safety and Health Administration (OSHA), in response to concerning data on workplace accidents and injuries, has recently launched a proactive national emphasis program to prevent hazards in warehouses, processing facilities, distribution centers, and other “high-risk retail” establishments. This three-year initiative addresses the growing concerns surrounding worker safety in these industries, leading to a safer and more secure working environment for everyone involved.

    The Growing Need For Safety Measures

    A troubling increase in workplace accidents has accompanied the rapid growth of warehousing and distribution centers in recent years. The Bureau of Labor Statistics data indicates that injury and illness rates in these establishments surpass the private industry’s average and, in some sectors, are more than twice as high. Recognizing the urgency of the situation, OSHA has taken action to safeguard the well-being of workers and mitigate the risks they face daily.

    Comprehensive Safety Inspections

    As part of this three-year emphasis program, OSHA will conduct comprehensive safety inspections focusing on critical hazards commonly occurring in high-risk retail establishments. Some of the key areas of scrutiny will include:

    • Powered industrial vehicle operations: OSHA aims to assess and improve safety protocols related to the operation and use of powered industrial vehicles, such as forklifts and pallet jacks. Adequate training, maintenance, and safety procedures will be at the forefront of these inspections.
    • Material handling and storage: Warehouses and distribution centers often deal with heavy loads and potentially hazardous materials. OSHA will thoroughly evaluate the storage practices, equipment, and procedures to ensure the safe handling of materials.
    • Walking and working surfaces: Slips, trips, and falls are common accidents in high-risk retail establishments. OSHA will examine walking and working surfaces, focusing on potential hazards and the implementation of preventive measures.
    • Means of egress and fire protection: In the event of an emergency, easy and safe evacuation is crucial. OSHA will inspect exit routes and fire protection systems to guarantee that employees can quickly exit the premises in case of a fire or other hazards.
    • Storage and loading areas: With a particular focus on retail establishments with high injury rates, OSHA will pay close attention to storage and loading areas to identify potential dangers and ensure compliance with safety regulations.

    Addressing Health Hazards

    OSHA’s emphasis program goes beyond traditional safety hazards. The initiative will also assess heat and ergonomic hazards that employees may face in these industries. The aim is to identify and mitigate factors that could negatively impact workers’ health and well-being during the course of their duties. If necessary, health inspections may also be conducted to ensure compliance with health standards and protect workers from potential long-term health risks.

    Incorporating State Plans

    In a significant move, OSHA has mandated that state plans adopt this emphasis program or establish an alternative program that is at least as effective as the federal model. This ensures uniformity in safety regulations across the nation and emphasizes the importance of prioritizing workplace safety at all levels of governance.

    Create A Safer Workplace By Partnering With A PEO

    To create a safer and more secure working environment, businesses operating in high-risk retail establishments can turn to a powerful ally – a professional employer organization (PEO) such as GMS. GMS can play a pivotal role in bolstering workplace safety by providing expert guidance, comprehensive safety training programs, and tailored safety management solutions. Through a PEO partnership, businesses can gain access to a team of HR and safety professionals who specialize in OSHA compliance and best practices, ensuring that safety protocols are diligently followed. By entrusting their workforce’s well-being to a reputable PEO, businesses can focus on their core operations, confident that they have a dedicated partner to foster a culture of safety and prioritize the health of their employees. With OSHA’s national emphasis program and the expertise of GMS, businesses can build a secure and thriving workplace where the safety of every worker remains the utmost priority. Contact our safety experts today!

  • The Occupational Safety and Health Administration (OSHA) has recently increased its focus on medical mismanagement claims to establish violations of the general duty clause of the Occupational Safety and Health Act (OSH Act). All employers, particularly those with onsite medical professionals, must be vigilant in addressing these claims and taking proactive steps to protect themselves. Continue reading to explore essential information and strategies to effectively defend against OSHA’s medical mismanagement claims.

    Understanding The OSH Act And The General Duty Clause

    The primary objective of the OSH Act is to ensure that employers maintain a safe and healthy work environment, free from recognized hazards such as toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, and unsanitary conditions. The general duty clause empowers OSHA to address hazards for which no specific standards exist. Recent applications of the general duty clause by OSHA have included addressing issues related to the COVID-19 pandemic, heat-related illnesses, and workplace violence.

    While medical mismanagement claims are relatively rare, experts anticipate that OSHA will increasingly rely on them to address ergonomics and repetitive motion injuries in the workplace. Repetitive motion injuries are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over. The growing interest in ergonomics primarily applies to industries such as warehouses, poultry processing, and similar work environments.

    Defining Medical Mismanagement 

    To grasp the implications for employers, it’s essential to understand what medical mismanagement entails. This concept involves allegations that employers have inappropriately delayed the evaluation, care, or treatment of injured workers. This is beyond what OSHA considers acceptable standards by a medical provider outside an onsite medical clinic or representative.

    Medical mismanagement can encompass many mistakes, errors, and omissions that occur during diagnosis, treatment, surgery, or overall patient care. Moreover, it may involve prematurely returning injured workers to their regular job duties.

    Common Ways Medical Treatment Delays Occur

    Employers often inadvertently contribute to medical treatment delays for employees injured on the job. Common factors leading to delays include: 

    • Failure to promptly prepare a written notice of the accident
    • Neglecting to document health problems as work-related 
    • Inadequate communication with the insurance company 

    OSHA has identified several specific areas of medical mismanagement concerns that employers should be aware of. These include: 

    • Insufficient opportunities provided for employees to become conditioned to their job
    • Inadequate information provided to occupational health professionals (OHPs)
    • Incomplete medical records
    • Lack of follow-up by OHPs with employees who have returned to work
    • Inappropriate job accommodations for workers returning from medically directed time off
    • Inappropriately conservative treatment approaches
    • Lack of precision in medical protocols 

    Steps Business Owners Should Take To Prevent OSHA Medical Mismanagement Claims 

    Implementing effective defense strategies is crucial for business owners to prevent OSHA medical mismanagement claims and protect their businesses. First and foremost, ensuring compliance with OSHA standards is paramount. By regularly reviewing and updating safety policies, procedures, and training programs, companies can demonstrate their commitment to maintaining a safe work environment.

    Robust documentation of workplace injuries and medical treatments is also essential, providing evidence of timely and appropriate care. Establishing an efficient system for injury reporting and investigation allows for prompt identification and resolution of potential issues. In addition, maintaining well-managed onsite medical professionals who follow established protocols and provide comprehensive care further strengthens the defense against medical mismanagement claims. By proactively implementing these defense strategies, business owners can mitigate the risk of OSHA investigations and protect their employees.

    Stephen Barr, GMS’ Safety Coordinator II, added, “It’s important that an injured employee is provided with timely and appropriate treatment to prevent further injuring themselves. Failure to make timely medical referrals for workplace injuries can result in substantial fines from OSHA. Employees must ensure that they have appropriate procedures in place for employees to promptly report workplace injuries.”

    Don’t Manage This On Your Own

    Running a business involves countless responsibilities and demands, leaving little time to single-handedly manage OSHA compliance and fend off potential risks. Fortunately, there are solutions tailored specifically to support business owners like you. Have you discovered the benefits of a professional employer organization (PEO)? Look no further, as Group Management Services (GMS) stands ready as a certified PEO (CPEO) to alleviate the administrative burdens associated with your business operations.

    More importantly, our safety experts can effectively address OSHA medical mismanagement claims. We offer expertise, guidance, and support in navigating complex OSHA regulations and developing robust safety programs. Through our strategic partnership, businesses can strengthen their defense strategies, ensure compliance with OSHA standards, and mitigate the risk of medical mismanagement claims. There’s no need for you to be worrying about this anymore. Get a quote from us today.

  • Wekiva Springs Hospital, a prominent behavioral health and substance disorder facility in Florida, recently found itself under the spotlight due to alarming reports of workplace violence. The U.S. Occupational Safety and Health Administration (OSHA) shed light on a distressing investigation that revealed a staggering 182 alleged incidents of workplace violence in 2022 alone, with a striking 70% requiring the involvement of the police. These heart-wrenching incidents not only resulted in hospital workers enduring severe injuries, such as broken bones and concussions, but also showcased the urgent need for fortified measures to protect employees in the face of unpredictable dangers.

    As one incident unfolded, a patient repeatedly assaulted an employee, relentlessly smashing their head into an air conditioning unit. In response to these concerning findings, OSHA cited Wekiva Springs Hospital for a serious violation, accusing the facility of failing to provide a workplace free from safety hazards capable of causing physical harm or even death.

    The proposed fines of $15,625 sent a message that safeguarding employees from workplace violence is not a matter to be taken lightly, urging organizations to fortify their defenses and implement effective preventive measures.

    Wekiva Springs Center

    Wekiva Springs Center provides behavioral health and substance abuse treatment to adults and seniors in Jacksonville, Florida, and surrounding areas. Their continuum of care offers inpatient and outpatient programming to accommodate the severity of each patient’s condition. Every patient sees a primary therapist and attending physician regularly. Their approach to wellness is customized, holistic, and multidisciplinary.

    The Importance Of Workplace Violence Measures

    In today’s ever-evolving professional landscape, ensuring the safety and well-being of employees has become an utmost priority for organizations. Among the numerous concerns that demand attention, workplace violence is a critical issue that cannot be overlooked. There are approximately 396,00 assaults that occur in workplaces across the country every year.

    The significance of implementing robust workplace prevention measures cannot be overstated. Beyond preserving physical safety, these measures safeguard the essence of a thriving work environment – a place where individuals can excel, collaborate, and innovate without fear. By proactively addressing and mitigating potential risks, organizations protect themselves from harm and foster a culture of trust, productivity, and unity.

    A workplace that prioritizes violence prevention not only attracts and retains top talent but also creates a resilient foundation for long-term success. By recognizing the importance of these measures, you take the crucial step toward building a workplace where everyone can thrive, grow, and flourish.

    Workplace Violence Prevention + GMS = Thriving Work Environment 

    The challenges of running a successful business can often be overwhelming for small business owners. However, when it comes to preventing workplace violence, partnering with a professional employer organization (PEO) might be your best solution. At GMS, we bring our expertise and resources to the table, empowering business owners to take proactive measures that ensure the safety and security of their employees. We help you develop comprehensive policies and procedures tailored to your unique needs. From conducting risk assessments to implementing effective training programs, we equip owners with the tools to identify and address potential threats.

    By leveraging the strategic support of a PEO, small business owners can navigate the complex landscape of workplace violence prevention with confidence, creating an environment where employees can thrive and feel safe. With GMS by your side, you can prioritize the well-being of your workforce while focusing on what you do best – building a successful business. Contact our experts today to learn how you can get started.

  • JZ Exteriors and Repairs LLC, a roofing contractor in Illinois, recently received citations from the U.S. Occupational Safety and Health Administration (OSHA). The company received the citation because it failed to protect its workers from falling hazards. In addition to this citation, the company already had existing unpaid penalties of $31,163 for workplace safety violations.

    Diving Deeper Into The Citations

    OSHA inspectors identified the following issues:

    Lack of fall protection and training

    During their inspection, OSHA inspectors observed six roofers removing asphalt shingles from a commercial building at heights of up to 12 feet without any fall protection measures in place. The company failed to provide proper training in using fall protection equipment.

    Absence of accident prevention programs 

    JZ Exteriors and Repairs LLC did not have an accident prevention program in place, which is essential for ensuring workplace safety.

    Inadequate hazard inspections

    The company lacked a competent individual responsible for inspecting worksites for potential hazards, which is crucial for identifying and addressing safety risks. 

    In addition to these issues, the company also failed to use ladders properly, de-energize circuits, thereby exposing workers to electrical hazards, and did not have a fire extinguisher readily available for emergencies. 

    As a result of these violations, OSHA cited JZ Exteriors and Repairs LLC for five repeats, four serious, and one other-than-serious violation. The total penalties imposed amounted to $66,711. The company now has 15 business days to take the following actions:

    • Comply with the citations and penalties 
    • Request an informal conference with OSHA’s area director to discuss the findings
    • Contest the finding before the independent Occupational Safety and Health Review Commission 

    A Business Owner’s Worst Nightmare 

    Experiencing citations and hefty penalties from OSHA can be a business owner’s worst nightmare. The consequences not only include financial burdens but also reputational damage and potential harm to workers. However, there is a solution that can help prevent such nightmares from occurring within your business – partnering with a professional employer organization (PEO). A PEO like GMS specializes in managing various aspects of HR, including workplace safety compliance. You can ensure that you have a robust safety program in place, proper training for employees, and regular hazard inspections. 

    In addition, our safety experts provide guidance on OSHA regulations, helping business owners stay ahead of potential violations and maintain a safe working environment. Don’t let your business face the same fate as JZ Exteriors and Repairs LLC. Consider the proactive approach of partnering with GMS to protect your workers and your business from potential nightmares. Contact us today to learn more.